Description
Do federal officials have “absolute immunity” from state criminal law? No. But they do have a powerful defense described as the Supremacy Clause immunity. This legal doctrine can block a state prosecution when a federal officer was acting within lawful federal duties and used only what was necessary and proper. See Lawfare for more details.In this episode, former prosecutor Arthur Busch breaks down the real test courts apply, how cases can be removed from state court to federal court under the federal-officer removal statute, and what facts tend to decide these cases in practice. And one point that gets misstated constantly: a presidential pardon does not reach state crimes—so it cannot wipe out a state conviction. The Mitten Channel is a network of podcasts. 👉Subscribe to The Mitten Channel Join us for the full experience. Subscribe to The Mitten Channel on Substack to receive our latest narrative essays, audio stories, and deep-dive reporting directly in your inbox. Explore Our Series: Radio Free Flint: Narrative storytelling and community perspectives on industrial resilience. The Mitten Works: Essential history and analysis of labor and economic policy. Flint Justice: Critical insights into the legal and institutional challenges facing our state. Visit our Mitten Channel website for our complete library of podcasts, videos, and articles. The Mitten Channel is a production of Radio Free Flint Media, LLC. © 2026 All Rights Reserved.